What to do about a promissory note if my signature is missing from it and the company I owe is now out of business?

I have a note for a service I received for an amount I owed. I looked at my copy of the note and its unsigned by me and signed only by the company. I have been unable to get a hold of the company. I have made multiple attempts and I’ve been told it’s out of business. What should I continue to do?

Asked on August 1, 2015 under Business Law, Arizona


Anne Brady / Law Office of Anne Brady

Answered 5 years ago | Contributor

If you did not sign the promissory note, it is not enforceable against you.  Of course, the underlying contract to exchange money for services is, but if the company is out of business, it can not collect.  Be happy for your good fortune.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.